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Same-Sex Marriage: It′s Not About Religion, It′s About the Law
By Kevin Canesssa Jr. - Jun 10, 2009
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Also read: LGBT, civil rights, same-sex marriage, law, religion, atheist


Christian conservatives often use the phrase "a sacred institution between one man and one woman" when they argue that same-sex marriage is bad for the American family. Yet after reading a blog post by Rob Thomas--the rocker--on HuffingtonPost.com, it caused me to stop for a few minutes. I sat in utter silence during that timeframe. And I started to ask myself over and over and over: When was the last time any of these right-wingers came out screaming about marriage between a man and a woman who are atheist?


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I couldn't recall a single instance.

 

We are told, over and over, that same-sex nups would ruin the beautiful institution known as marriage. All of the sacredness granted by God would be lost if, heaven forbid, two men or two women loved each other so much that they'd want to live together, as one, as their heterosexual brethren often do.


But what about atheists? They believe that there is no supreme being. They certainly don't believe Earth is just a couple thousand years old. But when they get married--by a judge, a justice of the peace or any of a number of civil servants who are permitted to oversee a wedding ceremony--aren't they, too, entering into a committed, love-based covenant that should last a lifetime? Aren't they entering into the very same commitment that millions of heterosexual Christian conservatives have entered?


So why is it we don't hear the religious right complaining about atheists getting married when they don't believe in a supreme being--a supreme being who apparently "made the rules" about who can and who can't get married?


I'll tell you why.


First, they see this issue as one that's conservatives versus LGBTs, rooted deeply in religion. The fact of the matter is that this isn't a religious issue at all; instead, it is, as DiversityInc CEO Luke Visconti always reminds us, the U.S. Constitution versus a set of laws--bad laws. When you think about it, we often hear the anti-same-sex marriage crowd complaining about activist judges. It's not about the judges, either. It's about judges properly interpreting the law set forth by the Constitution. It's that simple.


Because of this misinterpretation, the far right just doesn't get it--and their values are skewed on this topic. If they were truly consistent, they'd be calling for an end to marriages for atheists, because God said marriage is to be between a man and a woman--who believe in Him. And if that man and woman don't believe in God and if they don't believe in the Bible, what business do they have getting married? Aren't they, too, ruining marriage?


The simple truth is that atheists aren't ruining marriage any more than two men or two women would for right-wing zealots.

 

Churches know that without the permission of the state, they could perform as many heterosexual weddings as they wanted to handle, but none of them would be legal in the eyes of the law without a license--a license that isn't issued by Rome, isn't issued by a church, isn't issued by a priest or minister.


The license that validates a wedding is issued by the government--and only the government. And with that reality, why does it become such a challenge for many to realize the institution that the right mentions so often really is a civil institution and not a religious one?


Yes, there is sacramental marriage. And no church should have to marry anyone who doesn't believe in the precepts of the church or the sacrament. (This was made abundantly clear in New Hampshire where Gov. John Lynch made certain that the state's same-sex-marriage law did not compel religious institutions to perform same-sex weddings.) The church wouldn't marry an atheist couple. And they wouldn't marry a same-sex couple either (most churches, actually). What couple would really want to be married by a representative of an institution they don't believe in?


With that said, I wonder when I'll be hearing about how atheists are ruining marriage. I know it won't be anytime soon.


I wonder when the right will realize that the true definition of marriage, as a civil institution, isn't a decree from God. It is instead a law that should protect everyone.


Take sacramental marriage and do with it as you wish. But for crying out loud, when two men or two women love each other enough to want to spend the rest of their lives together, let them! I seriously doubt they'll be knocking on the doors to the Vatican or at a mega-church to get their blessing anyway.


The opinions expressed herein are those of DiversityInc Associate Managing Editor Kevin Canessa Jr. and do not necessarily reflect the opinions of DiversityInc.

Readers' Comments

Your opinions and thoughts...
Posted Wednesday Jun 10, 2009 by Guest;
I also read that Huffington Post article by Rob Thomas and was particularly struck with his comment about civil unions being about death and marriage being about life & commitment as to why the right to civil unions wasn't "enough". A smart rocker - how refreshing!.
Posted Wednesday Jun 10, 2009 by Guest;
It's strange that you call opponents of gay marriage "right-wing zealots." Is that how you would describe Barack Obama?.
Posted Wednesday Jun 10, 2009 by Guest;
First of all, marriage is and should be between a man and a woman, whether they are Christian, Buddhist, Atheist, or any other religion. With marriage comes family. Family is the backbone of the Nation. I ask you, can two men produce children? Can two women together conceive and have children? I think not. If we as a nation allow same-sex marriages throughout beginning in 2009, this world will cease to exist in just a few short years. This would be nothing short of genocide- at it's worst. I know that is not God's plan for this world. Go ahead and live your lives together---but for the sake of the future, please leave marriage out of it..
Posted Wednesday Jun 10, 2009 by Guest;
Your analogy to atheists is quite good.And if interested further, check out nature's other animals for homosexuality and pairings i.e. Penguins, Chimps, etc. This being exists for other animals so why not for human animals?.
Posted Wednesday Jun 10, 2009 by Guest;
A note for name withheld concerning marriage being about producing children...Sorry, but you can't make that arguement either. I was married for almost eight years and we were unable to have children. That's the same "unable to have children" as I now have with my same-sex partner. In either case (and as I did in my heterosexual marriage) adoption is the option. Procreation was not possible for me in a hetero- or homosexual relationship. But it clearly is possible for a lot of other people since so many children need permanent families. There is no danger of the human race becoming extinct because gay people marry. To your point--married or not--we still can't procreate. But we can and do happily take on the children of all those straight couples who aren't fit to raise them..
Posted Wednesday Jun 10, 2009 by Guest;
Marraige is about honoring God's law. Marriage is for both pro creation and pleasure. A sexual relationship outside of marriage is sin, therefore for the relationship to be sexual there must be marriage, this is God's law. God see's marriage as between a man and a woman and blesses that union only. I can see loving your friend of the same sex, but not in a sexual way. Even living together with no sex involved. God strictly forbids a sexual relationship between same sex couples as well as sex outside of marriage. And as for as the athiest who keeps the law in legal marriage,this will be one less thing he will one day answer to God for. God loves us all and if we obey His Word He will bless all that we do..
Posted Wednesday Jun 10, 2009 by Guest;
As a heterosexual, Christian woman, I will stand out in a group of others who identify with those adjectives. For I too believe that same-sex marriage is not something our government should prohibit. And this writer is right, it's not about morality, it's about the law.The purpose of our government is not to mandate morality; doing so is fruitless as morality is relative. Although there are certain moral issues that most everyone can agree on - don't murder and don't steal, even lying isn't something that most can say they've never done.If we allow our government to regulate who can and can not get married, based on what many say is a moral issue that will degrade our way of life, then what will stop them from eventually taking my daughter away from me because I'm divorced? If morality is the basis for marriage, then the marriages of every adulterer, liar and divorcee on his/her second (or more) marriage should be annulled.My government should be here to monitor those big things and set those rules that are subject to all, and overall should stay out of the other stuff. And when we can't decide what to do (much like now), the government's job is to come in and maintain those basic human rights to all, regardless of whether or not we all agree.If the government says that those who enter into a same-sex marriage are granted the same rights as those who are in heterosexual marriages, it is not saying that everyone has to agree with it; they're simply saying that you have to allow it to happen. Just as many whites didn't agree with de-segregation in the 50s and 60s, they were required by law to abide by it. We may have to resort to the same type of force again today, but look how far we've come since then! It doesn't mean we've made it by any means, but we're a lot further along than we were..
Posted Wednesday Jun 10, 2009 by Guest;
You are correct: It's not about religion, it's aboutthe law. Albeit, much of our legal system is based on the historicaldocument called the Bible. But, let's look at the law on this....The topic of "marriage equality" arises out of a clause in theFourteenth Amendment: "equal protection under the law." The way thatworks is as follows (as defined below by the Law.com Legal Dictionary): The right of all persons to have the same access to the law and courtsand to be treated equally by the law and courts, both in procedures andin the substance of the law. It is akin to the right to due process oflaw, but in particular applies to equal treatment as an element offundamental fairness. The most famous case on the subject is Brown v.Board of Education of Topeka (1954) in which Chief Justice Earl Warren,for a unanimous Supreme Court, ruled that "separate but equal"educational facilities for blacks were inherently unequal andunconstitutional since the segregated school system did not give allstudents equal rights under the law. It will also apply to otherinequalities such as differentials in pay for the same work or unequaltaxation. The principle is stated in the 14th Amendment to theConstitution: "No State shall...deny to any person within itsjurisdiction the equal protection of the laws"(http://dictionary.law.com/default2.asp?typed=equal+protection&type=3&submit1.x=66&submit1.y=14). Accordingly, until now, all citizens were requrired to live equallyunder and adhere to the same laws regarding marriage, i.e., thatmarriage is defined as the union of one man and one woman. There is nodiscrimination under this law, because it is applied evenly to all.According to the Fourteenth Amendment, to require or allow anythingotherwise would clearly be discrimination. We cannot have twoconflicting laws or interpretations of the same law. Only now, under the rule of certain activist judges, do we have asimilar situation that the Supreme Court unanimously declaredunconstitutional in 1954, where we are creating "separate but equal"categories of marriage in some states. This error allows some citizensto live under a different legal scenario, violating the FourteenthAmendment, and thus is unconstitutional on its face. The California Supreme Court saw the light and ruled correctly. Now, alllawmakers need to rethink this process of revision, before we completelydestroy the Constitution and the rule of law in this Nation. Justwanting something to be so doesn't not entitle a few to a separate and(un)equal status under the law..
Posted Wednesday Jun 10, 2009 by Guest;
WRONG.Your definition of "one man and one woman" has as much relevancy as theConstitution's original definition of women having no right to vote andBlack people counting as 3/5ths of a human being (for increasedrepresentation for the slave owners, no less)."Applied equally to all" means that you don't get to judge which twoadults enter into the civil institution of marriage."Activist judges" is code for "judges that uphold the spirit of theConstitution that I don't agree with." It goes hand-in-hand with attacklanguage that uses "liberal" as a pejorative..
Posted Wednesday Jun 10, 2009 by Guest;
Most people don't realize but the truth is Marriage didn't become a Christian Sacrament until the 12 century. Before that time the Church wasn't involved in the contract of Marriage. It is just a little history which is often unknown by most..
Posted Wednesday Jun 10, 2009 by Guest;
Name Withheld said:"If we as a nation allow same-sex marriages throughout beginning in 2009, this world will cease to exist in just a few short years. "I'm just aghast. The depth of ignorance is just shocking. Seriously? SERIOUSLY? Is that you, Sally Kern? .
Posted Thursday Jun 11, 2009 by Guest;
To Name Withheld, and others who claim marriage is about procreation.WHAT??? Are you seriously that ignorant. This is about the SEPARATION OF CHURCH AND STATE. "Congress shall pass no law respective of RELIGION!!" You claim that the world would cease to exist in a few short years because if we are allowed to marry then no one would be having children?? Are you really that stupid?? We are already living together and not having children. How is getting married to have legal protections under the law going to change that? How is my marriage going to stop you from being a biggot and raising your children to be biggots? We will not and are not going away just because we are denied marriage rights. Just FYI, I am in a LEGALLY recognized same sex marriage in South Africa and the world has not stopped!! GET A LIFE and leave us to ours!!!!! .
Posted Thursday Jun 11, 2009 by Guest;
Unfortunately we continue to be ignorant about God. God is God of all. The atheist and any other non-believer. Therefore God has always set forth the course of nature. His creation was to multiply and replenish the earth. This cannot be done by same sex couples. Thus it is about religion and about the law, even if you do not believe in God. Jesus states "give unto Ceasar what is his" so the laws that exist are those which are allowed by God. So that man might be "controlled" and "order" is maintained. You see without 'law' every man will do what is right in his own eyes, which results in chaos. We may not agree with all law but marriage between a man and a woman is what is ordained by God..
Posted Thursday Jun 11, 2009 by Guest;
Marriage predates the Bible since the first 5 books were recorded by Moses. In that history, marriage was known as a bond between one man and one woman regardless of your belief system.Secondly, it is a sacred act because God himself joined the very first couple, Adam and Eve. Thus setting the Genesis or beginning of the marriage institution. All benefit from it that use it properly regardless of religious beliefs..
Posted Friday Jun 12, 2009 by Guest;
People, people it amazes me how you use the bible and God's word to suite your own selfish end, I don't see any of you out protesting the death penalty (Deu 32:35) "vengeance shall be mine so saith the Lord thy God" nor do I see any of you not eating shell fish (Lev 11:10-12) "And all that have not fins and scales in the seas, and in the rivers, of all that move in the waters, and of any living thing which is in the waters, they shall be an abomination unto you: They shall be even an abomination unto you; ye shall not eat of their flesh, but ye shall have their carcases in abomination. Whatsoever hath no fins nor scales in the waters, that shall be an abomination unto you." Nor do I see any of you stoning women who committee adultery (Exodus 20:14, I John 3:4, I Corinthians 6:18). and besides all that aren't you all forgetting what Jesus him self said NOT to do Matt 7: 1-6. need i say more! I think not. .
Posted Friday Jun 12, 2009 by Guest;
I too was struck by Mr Thomas's comments regarding civil unions being about death and marriage being about life. In one short sentence that puts it quite clearly. I am a Canadian lesbian with all the rights and priveleges of any other Canadian. When I see the struggles put upon my American brethren it saddens my heart. When I hear the arguments about marriage being about procreation I think of the seven same-sex legally married couples I know who have in the past year alone welcomed their babies into their families. None of these wee ones were accidents or unplanned. None of them were terminated by abortion or given up for adoption because they were unwanted. They were planned and conceived in love and a desire to be raised by two loving parents who will offer them the world. And the world they are offered, here in Canada, is one of inclusiveness,,,where each family is valid and viable and vital. We need more loving families to stabilize an increasingly hostile world. Does it really matter whether those families are opposite-sex or same-gender? When a child comes home from school to a home that is their "soft place to land", where their heart and soul are cherished and treasured, where their parents show love for each other and provide a stable environment for everyone in it, well, to me, that is the stability our societies need to produce decent people.A personal note to April Kungland,,, you, my dear lady, are what I would call a refreshing breath of fresh air. If you ever visit Ontario, Canada call me up and you are more than welcome to break bread in my home with my two wonderful daughters and I..
Posted Monday Jun 15, 2009 by Guest;
I am a deist. I believe, based solely on reason, in a Creator who gave us free will and responsibility for our own lives. I don't believe in religions, dogmas or supernatural revelations. As an American, I support the rights of those who are theists, agnostics and atheists to believe what they wish and to practice that belief as they wish.I am heterosexual. I don't buy the notion that our sexual orientation is purely a function of how we are raised. As I have known my sexual orientation since I can remember, I accept that homosexuals have the same experience. Furthermore, having witnessed the randomness of nature, I realize that people's sexual orientation and biological gender assignment don't always align.I am an African American. I don't accept the notion of social or racial superiority. I think racism and bigotry are a function of ignorance and insecurity … the need to feel better than the "other" in order to feel good about one self.I have been married and may well marry again. For me marriage is recognition by the state of certain legal rights and obligations by both parties … none of which have to do with whether you love each other, procreate or stay together. The religious aspect of marriage, whatever you think that means, becomes moot when you want to dissolve that union. One gets married AND divorced through the auspices of the state … not the church.Having said all that, I find it abhorrent that people of faith, particularly Black people, would oppose our LGBT rights to marry. Doing so on religious grounds implies a disturbing level of self-righteous piety … who are you to judge? For Black folk to deny anyone their rights, based on one's "belief", implies a shameful lack of understanding of the history of our people in America. .
Posted Monday Jun 15, 2009 by Guest;
There are so many things to comment on it is difficult to know where to start.I think I have finally figured out why this argument continues. People must believe that if the drive for same-gender marriage is stopped, then same-gendered couples will disappear. Seriously, people will still couple and live together and have puppies and babies or not, have sex or not have sex. Stopping marriage will not stop life as we know it today. LGBT people are an integral part of our diverse nation.And please, the vague biblical reasons for not allowing everyone to marry are just lame. Read this comprehensive Newsweek article on the bible and marriage. http://www.newsweek.com/id/172653(Our Mutual Joy: Opponents of gay marriage often cite Scripture. But what the Bible teaches about love argues for the other side.)And the procreation requirement puzzles me. Are heterosexual infertile couples and couples who decide to not have children to be denied marriage?This all comes down to the next layer of bigotry in our nation that needs to be remedied. By the way, I'm one of the 18,000 legally married couples in California..
Posted Wednesday Nov 4, 2009 by Guest;
I completely disagree with same sex marriage. The bible says marriage is between one man and one woman. There are no in-betweens or exceptions. Two men or two women together CAN NOT procreate. How can two men or two women get married? You have to have God's blessing to get married. The gay lifestyle is a sin, period. If anyone disagrees with what I believe in, so what. Like it or lump. It's not coming from me, it's coming from the Word of God. No one can change the word of God, no one. .

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